Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 190D

If the claim cannot be registered--notice of decision

(1) If the Registrar does not accept the claim for registration, the
Registrar must, as soon as practicable, give the applicant and the Federal
Court written notice of his or her decision not to accept the claim,
including:

(a) if the Registrar does not accept the claim because the Registrar is
notified by the NNTT under section 190E that he or she should not do
so--a copy of the NNTT's statement of reasons for its decision; or

(b) otherwise--a statement of the Registrar's reasons for his or her
decision.

Content of notice where failure to satisfy physical connection test

(2) If the only reason why the claim is not accepted for registration is
that the condition in subsection 190B(7) (which is about a physical
connection with the claim area) is not satisfied, the notice must advise the
applicant of the applicant's right to make an application to the Federal Court
under section 190F and of the power of the Court to make an order in
accordance with that section in respect of the application.

Statements of reasons must specify whether section 190B satisfied

(3) If the Registrar's decision not to accept the claim is not in
response to notification by the NNTT under section 190E, the Registrar's
statement of reasons for the decision must include a statement on:

(a) whether, in the opinion of the Registrar, the claim for registration
satisfies all of the conditions in section 190B; and

(b) whether, in the opinion of the Registrar, it is not possible to
determine whether the claim for registration satisfies all of the conditions
in section 190B because of a failure to satisfy section 190C.